Kenya: Court nullifies Kibaki list of judicial nominees

Folks,

This is the way to go people. This is what Kibaki and foe understands. My good respectable fellow women, I salute you. You have mastered the art, and this is how must must go to save Kenya, the Kenya we all want. Women should be in the fore-front to show how things can be done with dignity.

All women must come out of the kitchen and join the Millennium women so our children can have enough food and education. We will then have enough to invest, compete and share in the variety of investments without being left behind.

Hip hip, hurray !…….Here comes Democracy, and without women, the whole community collapses..

Truely this is a new world with a new change, a change of true reform. A change of unity and of progress. Poverty will be history in Africa, and we will have no reason to cry when laziness stops you from climbing up the ladder in search for opportunities.

Cheers lady cools, I love you immensely and may God continue to give you the strength as we trek forward. You make my heart leap for joy and I believe I speak for others as well who will join in congratulating your good works.

God is great, we will overcome.

I love you all….

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Court nullifies Kibaki list of judicial nominees

By Judy Ogutu

The High Court has declared President Kibaki’s nominations of the Chief Justice, Attorney General , Director of Public Prosecutions and Controller of Budget unconstitutional.
In a 27-page ruling, Justice Daniel Musinga yesterday said it would be unconstitutional for any State officer or organ of the State to carry on with the process of the approval and eventual appointment to the four offices based on the nominations made by Kibaki on January 28.

With the declaration, he effectively put the process on hold until the hearing of the petition or further orders of the court.

The President nominated Justice Alnashir Visram for the CJ position amid a standoff with Prime Minister Raila Odinga , who claimed he was not consulted.
Justice Musinga ruled following an application made on Tuesday by women organisations under the G-10 Movement.

While making his findings, the judge said the AG, through State counsel Wanjiku Mbiyu, had conceded the President ought to have receivedrecommendation from the Judicial Service Commission. Also with Mbiyu for the AG were State counsel Anthony Ombwayo and Kepha Onyiso.

PNU, represented by lawyers CN Kihara and Stephen Njiru, had argued Article 166 had no relevance to the appointment of the CJ before the General Election.

Kihara said the fact there were only male appointments does not demonstrate discrimination.

The AG had conceded Article 27(3), was violated since there was no woman nominated in any of the four positions.

“The AG signed a joint statement of the commission to that effect. That was done just four days ago. The AG is the principal legal advisor. The AG is highly learned and experienced in law and the President ought to take his advice,” he ruled.

Did not comply

He added that on the basis of the concession, the said nominations did not comply with Article 166 read together with Section 24(2) of Schedule 6.

The respondents, he said, had proved the nomination was unconstitutional.Musinga said the Constitution was violated when the President appointed only men and equality was not given due consideration.

“There is no reasonable explanation given why none of the four appointees was a woman. Even without considering other relevant provisions of the Constitution, I am satisfied the petitioners have demonstrated they have a prima facie (on the face of it) case,” he declared.

The applicants were Centre for Rights Education Awareness, Caucus for Women Leadership, Tomorrows Child Initiative, Women in Law and Development, and Development Through Media. Others were Coalition of Violence Against Women, Young Women Leadership Institute, and League of Kenya Women Voters.

Lawyers Elisha Ongoya, Judy Thong’ori, Judy Sijeny and Alice Wahome, among others, represented them.

They sought for conservatory orders restraining any State officer “from carrying on with the process of approval and eventual nomination to the office of the CJ, AG, DPP and Controller of Budget on the strength of nominations by the President on January 28”.
On whether the appointments were done after consultations, the judge said the Constitution does not define consultation. However, he said after looking at the definition of the word, authorities and annextures provided, it appears to him there was some consultation between the principals, but there was no consensus.

“The National Assembly will be perpetuating an unconstitutional act unless the Speaker of the National Assembly points out the unconstitutionality of the intended action and thus disallows the process of approval, this court is under obligation to make an appropriate declaration and bring it to the attention of the National Assembly,” said Justice Musinga.

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